Loading...
11-14-95 CITY OF ATLANTIC BEACS CODE ENFORCEMENT BOARD AGENDA 7:30 P. M. , NOVEMBER '7., 1995 Call to order II Pledge to the Flag Roll Call 1. Approval of the minutes of the meeting of September 5, 1995. 2. Recognition of Visitors and Guests regarding any matters that are not listed on agenda. P. Old Sueineee• Code Enforcement Olfioer x111 report on the folloxinq cease: Casa No. 0094 - Harry T. Gross, Jr., owner of property located at 980 Mayport Road, in violation of Section 12-1-(?), Abandoned Vehicles; and Section 24-111, Zoning - Present CG and past BA ~ zoning do not permit junk yards. (At the meeting of September 5, 1995 bir. Gross was directed to meet with Karl Grunewald Thursday, September 7, 1995 at which time Mr. Grunewald agreed to indicate the items to be cleared from the property. Mr. Gross was allowed 30 days, beginning Thursday, September 7, 1995 and ending Thursday, October 7, 1995 to bring the property into compliance). 4., Nex Sueineee• Case No. 0039 - Cynthia L. Watson (second offense) - owner of property located at 702 Cavalla Road, in violation of Section 12-1- 3, weeds growing against rear of building and east side and along fence; tires, electrical, and timbers stored on east side of property. a- R~++eet for Lien Action: Caae No. Amount of Lien ~tSGa 0085 - Joseph Romano $5,000.00 1170 Bogonia St. (A fine of 5250.00 per day was instituted against Joseph Romano beginning February 9, 1995 for violation of City Code Section 20-52 and 20-52.1 and Florida Statute 489.127. This fine was never paid by Mr. Romano and it is requested that a lien of $5, 000.00 be ~ placed against the property through the Duval County Court system.) Page 2 Code Enforcement Agenda November 7, 1995 S:a99 NO. Amment of Lien Address No. 0091 Joseph Romano $2,996.4d 1170 Begonia St. (The Code Enforcement Board at its meeting of May 2, 1995 found Joseph Romano to be in violation of Section 12-1-7 and 16-7 of the City Code. The property was found to be a health hazard pursuant to Florida State Statute 162.06(4). The city was requested to clear the property with the cost of clearing the property to be brought back via a lien against the property.) 5. Board Members coma-enta: 6. Adjournment ~ CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD 11iINUTES NOVEMBER 14, 1995 Call to order: PRESENT: Edward Martin, Chairman Heywood Dowling, Jr. Kathleen Russell Ken Rogosheske Theo K. Mitchelson Richard 5. Mann AND: Suzanne Green Prosecuting Attorney Karl Grunewald, Code Enf. Officer Trudy Lopanik, Secretary ABSENT: Lou Etta Waters (Excused) Alan Jensen, Legal Counsel (Excused) 1. Approval of M1linutes of September 5 1995 A motion was made, seconded, and passed to approve the minutes of September 5, 1995. ('`, 2. Recognition of Visitors and uectc regarding any matters that are not listed on agenda. No one wished to speak. Case No. 0094 -Barry T. Cross, Jr., owner of property located at 980 hlayport Road, in violation of Section 12-1-(7), Abandoned Vehicles; and Section 24-111, Zoning -Present CG and past BA zoning do not permit junkyards. Karl Grunewald reported the property was in compliance. The Board accepted M1tr. Grunewald's report. 4. New Business: Case No. 0039 -Cynthia L. Watson (second offense) - owner of property located at 702 Cavalla Road, in violation of Section 12-1-3, weeds growing against rear of building and east side and along fence; tires, electrical, and timbers stored on east side of property. Mr. Martin read the case hearing procedure for Case No. 0039 and all witnesses were sworn in. Karl Grunewald explained the property had been cited in the past on two separate occasions but that the property had been brought into compliance. Since no action was taken to find the property in violation in the past, this violation would have to be treated as a first offense. lie explained the majority of the items had been removed from the property, however, as of 4:30 p.m. this afternoon . ~ (November 14, 1995), there still was some debris outside. He indicated vegetation had been cut by ~ Minutes, Page 2 Code Enforcement Board November 14, 1995 the property owner. hir. Grunewald passed out photographs to the board. William Sutton explained he was appearing for his wife, Cynthia Watson Sutton, who was the owner of the property. He explained he had been out of town for six weeks and when he returned it rained For several weeks and, thus, he was not able to clear the property. He indicated he rented a storage unit and he tried to keep all outside storage in his storage unit. IIe indicated there was a problem with transients walking through his property and throwing debris on the ground. Following discussion, it was decided to give Mr. Sutton a brief amount of time to remove the small amount of debris. A MOTION WAS iV1ADE, SECONDED, AND PASSED TO FIND CYNTHIA Vti'ATSON SUTTON, 702 CAVALLA ROAD, ATLANTIC BEACH, TO BE IN VIOLATION OF SECTION 12-1-3 OF THE CODE. A MOTION w'AS 11fADE, SECONDED, AND PASSED TO GRANT Iv1S. SUTTON UNTIL 5:00 P. 111., FRIDAY, NOVEMBER 17, 1995 TO BRING THE PROPERTI' INTO ~"`~ COMPLIANCE TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR IF THE SAME SECTION OF THE CODE IS VIOLATED IN THE FUTURE A $100.00 PER DAY FINE WILL OCCUR FRO11i THE DATE TIIE VIOLATION OCCURRED UNTIL THE VIOLATION CEASED TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR 5. Req rest for Lien Action• Mr. Martin indicated there was a request for the Board to approve the placing of two liens against property owned by Joseph Romano. Ile explained the liens were for the following violations: Case No. 0085 -Joseph Romano, 1170 Begonia Street. It was requested that a $5,000.00 lien be placed against the property. This was a result of a fine of $250.00 per day which was instituted against Joseph Romano beginning February 9, 1995 for violation of City Code Section 20-52 and 20- 52.1 and Florida Statute 489.127. The second lien was represented by Case No. 0091 in the amount of $2,996.44. It was explained this lien was a result of action by the Board at its meeting of May 2, 1995 when Joseph Romano was found to be in violation of Section 12-1-7 and 16-7 of the City Code. The property was found to be a health hazard pursuant to Florida State Statute 162.06(4), and the city was requested to clear the property with the cost of clearing the property to be brought back via a lien against the property. A MOTION WAS 11tADE, SECONDED, AND PASSED TO APPROVE LIENS IN THE ~ AM1fOUNT OF $5,000.00 AND $2,996.44 BE PLACED AGAINST TIIE PROPERTY OF ~ JOSEPH RObiANO, 1170 BEGONIA STREET. 5. Board Members comments; Reference was made to a memorandum the Board had received from Alan Jensen, City Attorney, dated October 20, 1995 (attached hereto and made a part hereof j. The memorandum made reference to changes to Section 162.09 and 162.07 of the Florida State Statute relating to Code Enforcement, and the board indicated their desire to have city codes adopt the language of the State Statute. It was suggested that Kazl Grunewald contact Alan Jensen regarding having the city's ordinance updated to conform with Chapter 162 of the Florida State Statute. 6. Adjournment There being no further business the Chairman adjourned the meeting at 8:10 p. m. G. E. Martin, Chairman Code Enforcement Board ATTEST: Trudy 1:.opanik, Secretary Code ~nvt~~O~'celylPn 1 iTIDR/' aj E N S E N & H)O U LID5 „reefi~nq- Arrow+crs ~r (ww d 70B NORTH 4t{1RD S172EE'1' POST OFFICE l3OX 50437 JACXSONVILIE BFaCt{. FIARlDA 92240-0457 Alan C. Jensen October 20 1995 Tdephox(904)246.2500 Stephrn A Hou1d ~ Faz (904) 246-9960 ?IEMBERS OF THE CODE ENFORCEMENT BOARD Dear Ladies and Gentlemen: I enclose herewith a copy of Chapter 95-297, which includes changes to Section 162.09 and 162.07 relating to code enforcement. The new portions are underlined and they became effective October 1, 1995. If you have any questions regarding this new law, please do not hesitate to contact me. We may need to discuss whether an enabling ordinance will be necessary to implement this new law in our Code of Ordinances. Very truly yours, j ALAN C. 3ENSEN ~.. Enclosure ACJ/sky cc: Karl Grunewald, Code Enforcement Inspector (w/enc) Suzanne Green, Esq. (w/enc) F 'Y Ir„F t xM1a .; r'j Ch. 9.5-296, § 9 1995 REGULAR SESSION Section 9. This act shall take ellect July 1. 1993. Became a law• without the Covernot's approval June 15, 1995. Filed in Ofrce Secrcrary of State dune W. 197.'>. LOCrIL GOYER~".ISENT-REAL ESTATE-CODE ENFORCE~IE~(•f A.VD RECON\'EYANCE OF LAND Chapter 93-291 H.B. No, Iasi An set relating b local government: emending s. La:.MJ, FS.: suthorizing s code enforcement txierd b impou s fine not eseeeding SIe.f100 per violation it the violation is (rteparahle or lrreveniblr, amending a. 255.2+. FS: removing provisions relating b reconverance o! lands conveyed an or after October 1. 1935. b s munieipslity or county and not used for the putyotes specified. and b the retroactive applleation of such provisfona: prmiding an effective date Be fL Enocted 6y the Legislature ojthe Slate ojFlorid¢ Section 1. Subsection (11 and paragraph (al of subsection t-) of section l6°_.09, Florida Statutes, 1994 Supplement, are amended to read: 162.09. Administrative fines; costa of repair, liens (1) An enforcement boazd, upon no~cation by the rode inspector that an order of the enforcement board has not been complied with by the set time or, upon landing that a repeat dolaUon has been committed, may order the dolator to pay a tine in an amount apeciiled in this section for each day the repeat violation continues past the date set by the enforcement board for compliance or. ta the ease of a repeat violation, for each day the repeat tiolation continues, beginning with the date the repeat violation Is found to have occurred by the coda inspecwr. In addition. it the violation is a tiolaton described to s. 162.060), the enforcement board shall notify the local governing body, which ma}• make ail reasonable repairs which are required to bring the property Into compliance and chaz¢e the violator with the reasonable cost of the repairs along With the Me Imposed pursuant to this section. If a tindinq of a tiolation or a repeat tiolation has been made as prodded in thin part, a hearing shall rot be necessary for issuance of the order imposing the fine. If. after due notice and hearing. a code i2)tal A Rne imposed pursuant to this section shall not exceed 5250 per day for a first tiioladon and shall not e:cceed 3500 per day for a repeat tiolaton, and. in addition. may include all costs of repays pursuant to subsection elf. Hoa~ecer_if a code enforcement hoard finds Section 2. Subsection t21 of section 162.0., Florida Statutes. 1996 Supplement, is amended to read: 162.01. Conduct of hearing (^_) Each case before an enforcement board shall be presented by the local governing bod;• attorney or by a member of the administraat•e staff of the local governing body. If the local goterning body prevails in prosecuting a ease before the enforcement board. it ahatl be entitled to recover all costs incurred in prosecuting the case before the boazd and such coats may he included in the lien authorized under s. 162.09131. Section 3. Section 235.2". Florida Sta[utes, 1994 Supplement, is amended to read: 211? Additions an Indicated by undenine; deletions by ttaksoW 1 F.S. 1993 COUNTY OR MUNICIPAL CODE ENFORCEMENT `___ _~ Ch _162 tine maybe imposed d the Order is not complied wiul by said dale. A certd~e0 copy of Such order may bC rec ortled rn Ine public records of the county and shall con stitute notice to any subsequent purchasers, succes- ses in interest, ar assigns it the vitiation concerns real property, and the findings therein shall be binding upon the wdata and, d the vwtatron concerns real property, any wbsequent purchasers, successors in interest, or assigns.!! an order is recorded in the public records pur• suant to this subsection and Ilia order is complied with by the date specified in the order, the enlorcement board shaft issue an order ar,knowiedging compliance That shall be recorded in the puW~c records. A hearing is not required to issue Such an order acknowledging compliance. wadi.-. r.m so-7m.. e.a a7-ar.. u r., ti:n.. s cn es-2or.. 4 a eo-16e 1101..-rdM.s tf$057 162.08 Powers of enlorcement boards.-Each enlarcemenl board shall trove the power lo: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators aM witnesses to its hearings. Subpoenas maybe served by Iho sherill of the county a pdice department of the municipality. (3) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) Issue oilers having the force of law to command whatever steps are necessary to bring a vitiation into compliance. Wrory.-. r. N 10.700.7 ). d• czar, . 7. a M-101.. 7. cl, a~a6B rice..-sa.+. xsox 162.09 AdminiatrMive fines; liens.- (1) An enrorcemenl board, upon nOtihCaticn by the tole inspects that en ortler of Iha enlorcement boa/d has ml been Complied with by the set lime or, upon find- ing that a repeat vidafion has been tommtted, may ceder the vitiator to pay a line in an amount specified in itxs section far each tlay the vitiation continues past the date set by the enlacement board for compliance or, to the Case of a repeat vitiation, for each tlay the repeat via lotion continues past ine data of notice to the vitiator of Vle repeat vidatron. N a finding of a violation or a repeat vrdation has been made as provided in Ihis part, a hear• !ng shall not be necessary la issuance of the order nlposing the hne (2)(a) q Ime imposed pursuant to this section shall not exceed E250 per day for a first violation and shall not exceed 1500 per tlay la a repeal wdation. (b) In determining the amount at Ine knc, if any, the enlorcement board snap consider the following !actors. 1- The gravity of me violation; 2• Any actions taken by me wdator to correct the `^dation: and 13 any previous wotahons commdtetl by the viola it) An enlorcement board may reduce a tine imposed pursuant 10 this SOChW. (3) A certified copy of an order unposrng a bnc may `` recorded in the public (etdrds and ihereatler shall lsldute a ken against the land do which IhC VlOlatidn tltrsis arq upon any other rear or personal property e"'netl by the vitiate Upon petition to the arcud court, Such order may be enforced m the Same manner as e tour! judgment by the shenlls of this slate, rndudmg levy against the personal property, but such order shall not be deemed to be a court judgment except for enlorcement purposes. A line imposed pursuant to this part shall continue to accrue unto the violator comes into eomphance or until )udgment rs rendered in a slid to lorecldse on a lien filed pursuant to Ihis section, which• ever occurs first. After 3 months Irom the Irling or any such lien which remains unpaid, Ine enlorcement board may authorize the local governing body altaney to lore• cbse on the lien. No lien created pursuant to the provi• sions of Ihis part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Con- sbluhon. w.rory.-. r, a eo-7m.. a.n czar.. x. c. es-rso . e a eb-1oi.. x ar er.77r,, am e9-ace Nd..-Fdaa. 1(d Q00 162.10 Duration ollien.-fJO ben provided under the Local Government Code Enforcement Boards Act shall continue for a period bnger than 20 years after the certi- liedcopy of anorderimposing aline has been recorded. unless wiltun plat time en action to foreclose on the hen is commenced in a court of competent jw~sdicbon. In an action to taecbse on a lien, the prevailing party is enti- tled to recover a6 costs, )nduding a reasonable attor• ney's lee, that it incurs in the lorecbsure. The continua- tion of the Fen eliected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable eonsideral~on without notice, unless a notice of Its pendens is recorded. wad7.-. s.In. eza7, 7 v, m Kr107. 7 e. rn ea-xa 162.11 Appeals.-An aggrieved party, including the local governing body, may appeal a final administrative order of an enlorcement board to Ine circuit court. Such an appeal shalt not be a hearing de novo but shall be lim- ited to appellate review of IDe retail created before the enlacement board. An appeal shall be bled within 30 days of the execution of the order to be appealed. wlw.7.-, r. r» eoaoo.. w.a ez-n.7 7 cn es-iso.. ro c. is-Ar Baia-ia.rrw7 rss 061 162.12 Notices.- (1) All notices required by this part shall be provided to the alleged violator by certified marl, return receipt requested; by hand delivery by the sheriff or other law enlorcement Officer, torte inspector, a other person designated by the local governing body; or by leaving the notice al the vidala'S usual place of residence with any person residing Therein who rs above 15 years of age and informing such person of the contents OI the notice. (2) In addition to providing notice as set forth in sub- section (t), at the option of the code enlorcement board, notice may also be served by pubkcafion or posting, as IOIIOws: (a)t. Such notice shall be puW~shed once tluring each week for 4 eonsecul~ve weeks (lour publicatans being suihcient) in a newspaper of general circulation in the county where the code enlorcement board is located. Tho newspaper shall meet such requnemenls as are prescnded under chapter 50 for bgat and o4ticral advertisements. 2. Proof of publication Shall be made as provrdedm ss. 50041 and 50.051. 1133